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Cottage food rules

Cottage Food Laws NYS: What Home Bakers Can Sell

What you can sell from your New York kitchen, and the free step you cannot skip.

On this page
  1. What the Home Processor Exemption covers
  2. Getting set up, step by step
  3. Labels, eggs, and the details that trip bakers up
  4. A bill that could change things
Hands kneading dough on a floured kitchen counter
What you can sell from home, and the licenses and labels to check.

What to remember

  • Register for free with the Department of Agriculture and Markets before you sell.
  • Only certain foods qualify, including certain baked goods, jellies, and snack mixes.
  • Package and label everything in your home kitchen.
  • All sales must stay inside New York State.
  • You do not need the Article 20-C food processing license or the Article 28 retail food store license.

If you have been baking from your kitchen and wondering whether you are allowed to sell what comes out of the oven, this is the page to read slowly. The rules are shorter than most bakers expect. The hard part is not the paperwork, it is staying inside the lines once orders start coming in. For a shorter overview you can also read Cottage Food Laws NY: What Home Bakers Can Sell.

What the Home Processor Exemption covers

The exemption is written for home processors who make foods such as certain baked goods, jellies, or snack mixes in their own home kitchen. Notice the word certain. The state lists categories rather than every single item, so before you build a menu around a recipe, check that your product sits inside one of those categories. If it does, you prepare it at home, you package it at home, and you sell it from there.

Getting set up, step by step

The order matters here. Do these in sequence and you will not have to undo anything later.

  1. Check your food fits the exemption

    Confirm your bakes fall under the foods described for home processors, such as certain baked goods, jellies, or snack mixes.

  2. Register with the Department of Agriculture and Markets

    Registration is free and it is required. You are exempt from the Article 20-C food processing license and the Article 28 retail food store license, but the registration is not optional.

  3. Package everything in your home

    Home-processed items must be pre-packaged in the home before they go to a customer.

  4. Label each item properly

    Proper labeling is part of the exemption. Our guide to cottage food laws labels walks through what goes on the package.

  5. Keep every sale inside New York

    Sell at pickup, at markets, and to local customers, and keep it all within the state.

Labels, eggs, and the details that trip bakers up

Labeling is where most home bakers get caught out, because it feels like a small thing until a customer asks what is in a bake and you cannot point to it on the wrapper. Build the label into your packing routine rather than adding it at the end. If your recipes use eggs, read cottage food laws and eggs before you promise a customer anything.

A bill that could change things

New York State Assembly bill 2025-A5836A would enact the homegrown foods act, which would permit the sale of certain homegrown food products without a license under certain conditions. It is a bill, not the current rule, so do not plan your shop around it yet. Register and label under the exemption as it stands today, and keep an eye on whether that bill moves.

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Common questions

Do I need a license to bake at home in New York?

Under the Home Processor Exemption you are exempt from the Article 20-C food processing license and the Article 28 retail food store license, but you are still required to register with the Department of Agriculture and Markets.

Does it cost anything to register?

Registration with the New York State Department of Agriculture and Markets is free.

Can I ship my bakes to another state?

No. All items produced under the home processing exemption must be sold within New York State.

Can I sell unpackaged cookies at a market?

Home-processed items must be pre-packaged in the home and properly labeled, so package them before they reach the customer.

Is the homegrown foods act in effect now?

Bill 2025-A5836A would enact the homegrown foods act to permit the sale of certain homegrown food products without a license under certain conditions. It is proposed legislation, so the Home Processor Exemption is what applies today.

Sources

  1. Home Processing, NYS Department of Agriculture and Markets
  2. State Agriculture Department Expands Business Opportunities for Home Food Processors
  3. New York, Cottage Food Law Library
  4. NY Senate Bill 2025-A5836A

This is general information about New York rules, not legal advice. Rules can change, so confirm the current requirements with the New York State Department of Agriculture and Markets before you sell.

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